Steven Pettway v. Commonwealth of Kentucky
2019 CA 001041
| Ky. Ct. App. | Dec 9, 2021Background:
- In March 2009 Troya Sheckles was shot and killed in Shelby Park; witnesses described the shooter as a male in dark clothing with a bandana.
- Steven Pettway and Dejuan Hammond were charged; Commonwealth's theory: Pettway killed Sheckles at Hammond’s direction to prevent her testifying against Pettway’s brother.
- A jury convicted Pettway of murder and intimidating a participant in the legal process; jury recommended 50 years for murder and 5 years for intimidation (55 years total); the intimidation conviction was later reversed on direct appeal.
- Multiple discovery problems occurred: two delayed disclosures at trial (one led to mistrial, the other to exclusion), and a subsequently revealed undisclosed police interview of witness Princess Bolin that contradicted her trial testimony.
- Kentucky Supreme Court decisions: Pettway I (470 S.W.3d 706) rejected dismissal for discovery delays; Pettway II found a Brady violation for the Bolin interview but held it harmless.
- Pettway filed an RCr 11.42 motion alleging Brady/discovery error and ineffective assistance of counsel (failure to investigate/call alibi witnesses, denied right to testify, failure to impeach Dontez Hurt); the trial court summarily denied relief and this appeal followed.
Issues:
| Issue | Pettway's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Discovery/Brady violations warrant new trial | Discovery delays and nondisclosure (including Bolin interview) deprived Pettway of a fair trial | Prior appellate rulings provided appropriate relief or found errors harmless; law of the case bars relitigation | Denial affirmed: law of the case binds court; prior remedies or harmless-error findings preclude relief |
| Counsel ineffective for failing to investigate/call alibi witnesses | Counsel failed to investigate or call mother, brother, girlfriend who would testify Pettway was home | Pettway’s allegations lack specificity; record suggests witnesses unavailable/problematic; strong inculpatory evidence | Denial affirmed: insufficient specificity and no Strickland prejudice shown |
| Counsel denied Pettway his right to testify | Pettway claims counsel directed him not to testify and prevented him from testifying | Record shows no request to the court to testify; presumption he followed counsel’s advice; no factual dispute proved | Denial affirmed: waiver presumed absent evidence to contrary; claim lacks specificity and prejudice |
| Counsel failed to effectively impeach Dontez Hurt | Better cross would have destroyed Hurt’s ID of Pettway | Trial counsel vigorously impeached Hurt; record shows prior inconsistencies were raised; Hurt maintained ID | Denial affirmed: record refutes claim and Pettway fails to show prejudice |
Key Cases Cited
- Pettway v. Commonwealth, 470 S.W.3d 706 (Ky. 2015) (direct appeal resolving discovery-remedy issues)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecution must disclose exculpatory evidence)
- Strickler v. Greene, 527 U.S. 263 (U.S. 1999) (Brady materiality/prejudice test)
- Roach v. Commonwealth, 384 S.W.3d 131 (Ky. 2012) (RCr 11.42 specificity requirement)
- Inman v. Inman, 648 S.W.2d 847 (Ky. 1982) (law-of-the-case doctrine)
- Webber v. United States, 208 F.3d 545 (6th Cir. 2000) (defendant must alert court if he wishes to testify over counsel’s advice)
- Hodge v. Haeberlin, 579 F.3d 627 (6th Cir. 2009) (presumption defendant waived right to testify absent record evidence to contrary)
- Bussell v. Commonwealth, 226 S.W.3d 96 (Ky. 2007) (equating Strickland and Brady "reasonable probability" standards)